TRADE PROMOTION TERMS AND CONDITIONS - BRAND SURVEY COMPETITION

1. INTRODUCTION

1.1 These terms and conditions (“Promotion Terms”) govern the conduct of the BRAND SURVEY COMPETITION (the “Promotion”), a trade promotion activity conducted by TMS Global Services Pty Ltd (“TMS”) to promote by way of customer engagement the goods and services offered on Oz Lotteries.

1.2 Capitalised terms used in these Promotion Terms that are not otherwise defined shall have the meaning (if any) prescribed in:

1.3 By participating in the Promotion, a participant is deemed to have accepted these Promotion Terms and has agreed to be bound by them.

2. DEFINITIONS

2.1 In these Promotion Terms, the following defined terms shall have the following meanings:

Draw Date means Monday 11 December 2023l;

Prize means $1,000.00 (one thousand Australian dollars);

Survey means the customer engagement survey prepared by Painted Dog Research Pty Ltd on TMS’ behalf.

Survey Commencement Date means the date on which the Promotion shall commence, as identified within the the Promotion material;

Survey Close Date means the date on which the Promotion shall end, as identified within the Promotion material.

3. PROMOTER

The Promotion is conducted by TMS Global Services Pty Ltd (ABN 22 089 771 835) of Level 1, 601 Coronation Drive, Toowong QLD 4066.

4. PROMOTIONAL PERIOD

4.1 Each Promotion shall run for the period from the Survey Commencement Date until the Survey Close Date.   

5. ENTRY ELIGIBILITY REQUIREMENTS

5.1 To be eligible for inclusion in the Promotion, an entrant must:

(a) As at the Promotion Close Date, have validly completed the Survey and submitted their responses.

(“Eligible Entrant”).

5.2 A person who is an Eligible Entrant may elect not to participate in the Promotion by notifying Oz Lotteries by email at: [email protected] 

6. METHOD OF ENTRY

6.1 At the Survey Close Date, all Eligible Entrants shall be automatically entered into the draw. Each Eligible Entrant shall be afforded one (1) entry into the draw.

6.2 There is no mechanism or avenue to enter the draw other than by being an Eligible Entrant at the Survey Close Date. No entries in the draw may be purchased or transferred by or between Eligible Entrants or any other person.

6.3 TMS is solely responsible for determining, by reference to its records, whether or not a prospective entrant is an Eligible Entrant, the determination of which shall be final.

7. PRIZES

7.1 The Prize or Prizes available to be won as part of the Promotion are as defined.

7.2 The Winner shall not, unless otherwise explicitly specified within these Promotion Terms, be entitled to:

  • (a) Elect for any particular Prize to be awarded;
  • (b) Receive as an alternative to the Prize, any alternative goods or services or cash or cash-equivalents;
  • (c) Exchange, transfer or trade the Prize for any alternative goods or services or redeem the Prize for cash.

8. METHOD OF WINNER DETERMINATION

8.1 The draw shall be conducted on the respective Draw Date, and shall either be conducted by TMS staff at 601 Coronation Drive, Toowong QLD 4066 or via remote electronic access. 

8.2 The Winner shall be determined wholly by chance, using TMS’ Random Number Generator, providing each Eligible Entrant a random and equal chance of being drawn.

8.3 In the event that, for any reason outside the reasonable control of TMS, the Promotion and/or draw is unable to take place or be conducted, TMS reserves the right, in its sole discretion and to the fullest extent permitted by law, to terminate, modify, cancel, delay or suspend the Promotion and/or draw, or invalidate compromised entries, as appropriate in the circumstance.

PRIZE DISTRIBUTION 

9.1 Following the draw, TMS shall contact the winning entrant (the “Winner”) by telephone and/or email. The result of the draw shall also be published at ozlotteries.com/marketing/promotions/brand-survey-competition

9.2 Clause 9.3 shall apply to the distribution of Prizes that are comprised entirely of cash only.

9.3 For cash Prizes, TMS shall follow its existing internal audit processes relating to the approval and release of cash prizes, which may involve (at least):

  • (a) verifying that the Winner’s personal details match the personal details recorded against the Winner’s Oz Lotteries Account;
  • (b) verification of the bank account linked to the Winner’s Oz Lotteries Account, which may include sanctions screening.

9.4 For all Prizes (whether cash or otherwise), Oz Lotteries shall verify, by reference to its own records, that the Winner was an Eligible Entrant as at the Promotion Close Date.

10. PROMOTIONAL ACTIVITY 

10.1 Eligible Entrants agree and acknowledge that should they become a Winner, they shall participate (if requested by TMS) in promotional activity, which may include: 

  • (a) the preparation of a “Winner’s Story” or like statement;
  • (b) the provision of a photograph of the Winner to accompany TMS’ draw results publication;
  • (c) the use of the audio recording of the Winner’s prize notification call;
  • (d) any other like-requirement; for syndication across media channels, including but not limited to TMS’ channels (e.g. OZ Lotteries, TMS’ websites) and third party channels (e.g. social media, radio advertising) utilised by TMS. 

TMS shall, in requesting the Winner’s participation in promotional activity, act reasonably and ensure any such requests do not place unduly onerous obligations on the Winner. The form, content and avenue by which any such promotional activity is published shall be determined and utilised by TMS in its sole discretion and the Winner shall have no rights, whether to compensation or otherwise, in relation to such promotional activity and/or the components thereof. Each Winner agrees to provide TMS with a perpetual, irrevocable and exclusive licence to use the products of such promotional activity created in accordance with this clause for TMS’ business purposes including promotional purposes.

11. LIABILITY

11.1 To the fullest extent permitted by law, TMS excludes all liability for any loss or damage howsoever arising, whether direct, indirect, special or consequential, arising in any way out of the Promotion, including (but not limited to) as a result of:

  • (a) Any technical difficulties or equipment malfunction, whether or not under TMS’ control;
  • (b) Any theft, unauthorised access or third party interference in relation to the Promotion;
  • (c) Any tax or other financial liability incurred by an Eligible Entrant or Winner.

11.2 Prizes may be subject to the Prize issuer’s or manufacturer’s terms of use or like conditions (e.g. expiry dates). TMS shall have and accept no liability or obligation with respect to claims made by a winner under, or in relation to, a Prize’s terms of use or conditions.

11.3 To the extent that liability is not excluded pursuant to this clause by operation of law, in no event shall Oz Lotteries be liable for any loss, damage or costs incurred by a Eligible Entrant  which is indirect or consequential, including but not limited to: loss of revenue, income, business or profits; loss or damage to goodwill or business reputation; loss arising from claims by third parties; loss or denial of opportunity; loss or damage of any kind resulting from, or in connection with, negligence or a breach of a term, condition or warranty that may be implied into these Promotion Terms.

12. GENERAL

12.1 Personal Information (as defined in the Privacy Act 1988 (Cth)) shall be collected and used by TMS in accordance with the Oz Lotteries Privacy Policy, located at: https://www.ozlotteries.com/about/privacy.

12.2 Any decisions and/or actions taken by TMS are taken at TMS’ complete discretion and are final. Other than as necessary to comply with clause 8, no correspondence or dispute resolution processes shall be entered into by TMS in relation to the Promotion or any claims or disputes arising from same.

12.3 These Promotion Terms are governed by and construed in accordance with the laws of Queensland, Australia. Both TMS and each Eligible Entrant irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of Queensland, Australia, for any proceeding or dispute in any way related to the Promotion.

12.4 TMS may modify, vary or alter these Promotion Terms in its sole discretion at any time. Any modifications, variations or alterations to the Promotion Terms shall be published on the DW Homepage and are effective as at the date of publication. The continued participation in Daily Winners following the date of publication of the Promotion Terms shall constitute acceptance and acknowledgement by each DW Member.

12.5 In the event of any ambiguity or conflict between terms, such ambiguity or conflict shall be resolved by deference to the following hierarchy of terms:

  • (a) These Promotion Terms;
  • (b) The Oz Lotteries Terms and Conditions.

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